Memorandum of Understanding

Transcription

1 Memorandum of Understanding between County of San Mateo and Deputy Sheriff's Association (Deputy Sheriff, Sheriffs Correctional Officer and District Attorney Inspector) January 31, January 9,

2 DEPUTY SHERIFF'S ASSOCIATION Memorandum of Understanding Table of Contents Section 1. Recognition:... 6 Section 2. Association Security: Dues Deduction: Communications with Employees: Use of County Buildings: Advance Notice:... 8 Section 3. Association Representatives:... 8 Section 4. County Rights: Section 5. No Discrimination: Section 6. Salaries: Survey: Experience Pay: Salary Step When Salary Range Is Revised: Salary Step After Promotion or Demotion: Reclassification of Position: "Y" Rate Process: Salary Step Defined: Section 7. Days and Hours of Work: Section 8. Overtime: Authorization: Definition Work Groups: Compensatory Time Off:

3 Section 9. Shift Differential: Section 10. Application of Differential: Section 11. On-Call Duty: Section 12. Bilingual Pay: Section 13. Tuition Reimbursement: Section 14. Career Incentive Allowance for Law Enforcement Officers: Section 15. Layoff and Reemployment: Notice of Layoff: Precedence by Employment Status: Procedures: Names of Employees Laid Off to be Placed on Re-employment and General Eligible Lists: Abolition of Position: Section 16. Severance Pay: Section 17. Holidays: The holidays in this County are: Section 18. Vacations: Vacation Allowance: Vacation Schedule: Vacation Allowance for Separated Employees: Vacation Pay: Section 19. Sick Leave: Accrual: Usage: Procedures for Requesting and Approving Sick Leave: Accounting for Sick Leave: Credits:

4 19.6 Incapacity to Perform Duties: Use of Sick Leave While on Vacation: Catastrophic Leave: Section 20. Leaves of Absence: General: Benefit Entitlement: Seniority Rights and Salary Adjustments: Job Incurred Disability Leave: Leave of Absence Without Pay: Military Leaves of Absence: Absence Due to Required Attendance in Court: Absence Without Leave: Educational Leave of Absence With Pay: Section 21. Hospitalization and Medical Care: Sick Leave Conversion: Section 22. Dental Care: Section 23. Vision Care: Section 24. Change in Employee Benefit Plans: Section 25. Life Insurance: Section 26. Uniform Allowance/Safety Equipment: Section 27. Promotion: Examinations: Promotional Eligible Lists: Probationary Period: Section 28. Reallocation of Position: Section 29. Change of Assigned Duties:

5 Section 30. Pay for Work-Out-of-Classification: Section 31. Probationary Period: Section 32. Dismissal, Suspension Reduction in Step or Demotion for Cause: Section 33. Grievances: Scope of Adjustment Board and Arbitration Decisions: Compensation Complaints: No Strike:... Error! Bookmark not defined County Charter and Civil Service Commission: Involuntary Transfers for the Alleged Purpose of Punishment: Section 34. Retirement Plan: Retirement Plan: Retirement COLA: Section 35. Reopeners:... Error! Bookmark not defined. Section 36. Separability of Provisions: Section 37. Past Practices:

6 MEMORANDUM OF UNDERSTANDING The Deputy Sheriffs Association (DSA) and representatives of the County of San Mateo have met and conferred in good faith regarding wages, hours and other terms and conditions, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees. This Memorandum of Understanding (MOU) is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500 et seq) and has been jointly prepared by the parties. This MOU shall be presented to the County Board of Supervisors and, if appropriate, to the Civil Service Commission as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing January 31, 2016 through January 9, Section 1. Recognition The Deputy Sheriffs Association, hereinafter referred to as the "DSA", is the recognized employee organization for this bargaining unit, certified pursuant to Resolution No , adopted by the Board of Supervisors on May 16, This MOU covers County probationary and regular employees employed in the classifications of Deputy Sheriff, Deputy Sheriff Trainee, Sheriff s Correctional Officer and District Attorney Inspector. Section 2. Association Security 2.1 Agency Shop A. The Association agrees that it has the duty to provide fair and non-discriminatory representation to all employees in the representation unit regardless of whether they are members of the Association. B. All employees in the representation unit shall as a condition of employment do one of the following: 1. Become and remain a member of the Association; 2. Pay to the Association an agency fee which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law (e.g., Hudson v. Chicago Teachers Union), which shall be less than the monthly dues made during the duration of this MOU. It shall be the sole responsibility of the Association to determine an agency fee which meets the above criteria; or 3. Do both of the following: a. Present to the Association and the Controller a written declaration that the employee is a member of a bona fide religion, body, or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. Pay a sum equal to the agency fee described above to one of the following three non-religious, non-labor, charitable funds that are exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code: San Mateo County Code 30 Foundation, Concerns of Police Survivors (COPS), or California Peace Officers Memorial Fund. 6

7 C. As a condition of employment, all new employees shall at the time of hire execute an authorization for the payroll deduction of one of the options specified in Paragraph B above. 1. If the form authorizing payroll deduction is not returned to the County Controller within thirty (30) calendar days, the Controller shall so notify the Association, providing the employee's name, address and classification. The Association may then, in writing with a copy to the employee, direct that the Controller withhold the Agency Fee from the employee's salary and the Controller shall pay an equal amount to the Association. 2. Within ten (10) working days of the date the Association directs that such Agency Fee be withheld, Association shall provide the County confirmation that the agency fee payer has been furnished a copy of the "Hudson Procedure". E. Employees may opt into the DSA upon hire or within a period of one hundred ten (110) to ninety (90) days prior to the expiration of this and any subsequent MOU. Any employee who is a member of the Association shall have the right to withdraw from the Association by discontinuing dues deduction and selecting one of the options specified in Section B above. The employee requesting to withdraw must do so in writing to the County Controller, by certified mail. F. The Association shall provide the County a copy of its "Hudson procedure" for the determination and protest of its agency fees, upon request. The Association shall provide a copy of said "Hudson procedure" to every agency fee payer covered by this MOU annually, and as a condition to any percentage change in the agency fee. G. If, after all other involuntary and insurance premium deductions are made in any pay period, the balance is not sufficient to pay the Association dues, agency fee, or charity fee required by this Section, no such deduction shall be made for the current pay period. H. The provisions of Paragraph B. and D. shall not apply during periods that an employee is separated from the representation unit, but shall be reinstated upon the return of the employee to the representation unit. For the purpose of this Paragraph, the term separation includes transfer out of the representation unit, layoff, and leave of absence without pay. I. Annually, the Association shall provide the Director of Human Resources Department (HRD) with copies of the financial report which the Association annually files with the California Employee Relations Board, the United States Department of Labor (Form LM-2), or the Association's balance and operating statement for the prior year. Failure to file such a report within sixty days after the end of its fiscal year shall result in the termination of all agency fee deductions without jeopardy to any employee, until such report is filed. K. The Association shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of the Association Security and/or Dues Deduction provisions, or action taken or not taken by the County under one or both of these provisions. Indemnification and defense includes, but is not limited to, payment of the County's attorney's fees and costs. 7

8 L. In the event that employees in a bargaining unit represented by the Association vote to rescind "Agency Shop" the provisions of Section 2.2 shall apply to dues-paying members of the Association. M. The County shall hand out agreed upon Association materials along with the Agency Shop forms. 2.2 Dues Deduction The Association may have the regular dues of its members within the representation unit deducted from employees' paychecks under procedures prescribed by the County Controller. Dues deduction shall be made only upon signed authorization from the employee upon a form furnished by the County, and shall continue: (1) until such authorization is revoked, in writing, by the employee; or (2) until the transfer of the employee to a unit represented by another employee organization. Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which such employees are assigned. 2.3 Communications with Employees The Association shall be allowed by County departments in which it represents employees use of available bulletin board space for communications having to do with official Association business, such as times and places of meetings, provided such use does not interfere with department needs. The Association may distribute materials to unit employees through County mail distribution channels if approved by the Human Resources Director. This privilege may be revoked in the event of abuse after the Director consults with Association representatives. Any Association representative shall give the Department Head or representative at least twenty-four (24) hours advance notice when contacting employees during the duty period, provided that solicitation for membership and other internal Association business shall be conducted only during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made by agreement between the Association and the department head and when made shall continue until revoked. 2.4 Use of County Buildings County buildings and facilities may be made available for use by County employees or the Association or its representatives in accordance with such administrative procedures as may be established by the County Manager or department head concerned. 2.5 Advance Notice Except in cases of emergency as provided below in this subsection, the Association, if affected, shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the County and shall be given the opportunity to meet with the appropriate management representatives prior to adoption. In cases of emergency when the foregoing procedure is not practical or in the best public interest, the County may adopt or put into practice immediately such measures as are required. At the earliest practical date thereafter the Association shall be provided with the notice described in the preceding paragraph and be given an opportunity to meet with the appropriate management representatives. Section 3. Association Representatives 3.1 Release Time for Meet and Confer 8

9 County employees who are official representatives of the Association shall be given reasonable time off with pay to meet and confer or consult with management representatives or to be present at hearings where matters within the scope of representation are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of County services as determined by the County. Except by agreement with Employee Relations, the number of employees excused for such purposes shall not exceed three (3) at any one time. Any denial of requested time off may be appealed to the Human Resources Director whose decision shall be final. 3.2 President Release Time The County agrees to provide the Association President with sixty (60) hours of release time each pay period. The Association agrees that the start of the term of office for a newly elected President will coincide with the start of a County pay period. During this County paid release time, the Association President shall engage only in the following activities: (1) preparing for and participating in meet and confer or consultation with representatives of the County or Sheriff s Office on matters relating to employment conditions and employee relations, including wages, hours and other terms and conditions of employment; (2) investigating or processing grievances or appeals; (3) conducting association business; (4) participation in Association Board and general membership meetings; (5) attendance at Association related training, conferences and workshops. While on release time, the President will utilize accrued leave in accordance with the terms of this agreement for any absences. The Association President shall not participate in any other activity, including but not limited to political activity, during this County paid release time. The Association President shall provide documentation to the Sheriff certifying that during each pay period, the Association President used the sixty (60) hours of County paid release time only for authorized purposes. The Association President shall provide this certification at the conclusion of each pay period. Use of the paid release time for unauthorized purposes may result in disciplinary action, up to and including termination of employment. This agreement for sixty (60) hours of release time per pay period encompasses forty (40) hours per pay period of County paid release time, four (4) hours of paid release time each pay period under the LEU metoo language under the same terms of usage as identified above, and 16 hours paid for by Association members. In recognition of receiving release time for the Association President and Association Board (described below), employees enrolled in Tier 2 sick leave conversion shall pay a cost share of.3% for a period of six years as specified in Section 21.3 in lieu of elimination of the cost share; and employees in pension tiers 1, 2, and 4 shall receive a reduced salary offset for payment of 50% cost of retirement COLA. The Sheriff shall fix the release time and work schedule hours of the Association President in accordance with Section 7 of the MOU. Release time shall be scheduled during regular business hours unless otherwise agreed to by the parties. Unused release time hours are not transferable. Unused release time hours resulting from approved time off or lack of Association business cannot be banked for later use, nor shall it be cashable at separation. If Association representation expands, this agreement does not create precedence or provide guarantee of the addition of release time hours for the Association President or the Association Board. 3.3 Association Board Release Time The County shall provide an annual Association release time bank of two hundred and forty (240) hours for use by the Association Board. The Association Board members may use these hours to perform their 9

10 Association functions, or attend seminars, meetings and conferences designated by the Association for the purpose of professional development, and/or leadership training. The released Board member(s) shall not participate in any other activity, including but not limited to political activity, during this release time. The Association President or designee, shall request use of this time from the Sheriff s Office and Employee Relations at least forty eight (48) hours in advance of the Board members who will be utilizing the release time. Release time may only be used by a sitting member of the Association Board. Release time for the Board may only be used during the calendar year in which it is provided. Release time for the Board shall not roll over year to year, shall not accrue to any individual employee, nor be cashable at separation. 3.4 Dues Deduction for Members As soon as administratively possible, the County shall create up to five (5) additional dues deduction lines for members and Associate members of the Association who shall be allowed to have their dues deducted post tax from their paychecks. The amount of the deduction shall be determined by the Association, employees shall then authorize the county to deduct the stated amount. Section 4. County Rights Except where modified by this MOU, the County retains the exclusive right to determine the methods, means and personnel by which County government operations are to be conducted; to determine the mission of each of its departments, boards and commissions; to set standards of service to be offered to the public; to administer the Civil Service system; to classify positions; to add or delete positions or classes to or from the salary ordinance; to establish standards for employment, promotion and transfer of employees; to direct its employees; to take disciplinary action for proper cause; to schedule work; and to relieve its employees from duty because of lack of work or other legitimate reasons. The County reserves the right to take whatever action may be necessary in an emergency situation; however, the Association, if affected by the action, shall be promptly notified. The Human Resources Director shall, on request of either party, refer questions regarding the interpretation of this Section which cannot be resolved between employee and management representatives to either the Board of Supervisors or the Civil Service Commission for hearing and final determination, depending on which body has authority over the matter in dispute. In no event shall such dispute be subject to the grievance procedure of this MOU. Section 5. No Discrimination There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation, legitimate employee organization activities, or on the basis of any other classification protected by law against any employee or applicant for employment by the Association, the County, or anyone employed by the County. To the extent prohibited by applicable state and federal law there shall be no discrimination because of age. There shall be no discrimination against any handicapped person solely because of such handicap unless that handicap prevents the person from meeting the minimum standards established. Section 6. Salaries 6.1 Survey On or before the first Monday in April in each year, commencing in the calendar year 2016, and ending in the calendar year 2020, the representatives of the County and the representatives of the Deputy Sheriffs Association shall jointly certify to the Board of Supervisors the highest pay rate in effect as of January 31 of that year for deputy sheriffs in the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, Santa Clara, Solano and Sonoma. The terms "pay", "rates of pay", and "pay rates" are hereby defined and 10

11 intended to include the maximum rate of base pay provided in each of the above jurisdictions for deputy sheriff positions equating to the classification of Deputy Sheriff in the County of San Mateo. Unresolved disputes regarding the interpretation or application of this paragraph shall be resolved by submission to a jointly chosen, neutral arbitrator whose decisions shall be final and binding on the parties and shall be submitted to the Board of Supervisors. The Board of Supervisors shall thereupon fix the rates of pay of the classification of Deputy Sheriff at 1% above the highest pay rate specified in this survey. Such rates of pay shall be fixed to be effective as of the first day of the first full pay period in January of each year. The County shall not reduce salaries during the term of this agreement. Salary increases for the classification of Sheriff s Correctional Officer shall be set at eighty-five percent (85%) of the Deputy Sheriff s salary. This salary will be effective the first day of the first full pay period in January of each year commencing in the calendar year 2016 once the Deputy Sheriff s salary for the calendar year has been set. For Correctional Officers hired before April 24, 2005 their salary will be frozen at their present salary range until the salary assigned to the current Correctional Officer classification equals or exceeds their current pay rate. Salary increases for the classification of District Attorney Inspector shall be effective the first full pay period in January of each year commencing in the calendar year Such salary increases shall be the same percentage as that of Deputy Sheriffs, as described above. 6.2 Experience Pay In addition to the salary provisions described in Section 6.1 above, employees in the classifications of Deputy Sheriff, Sheriffs Correctional Officer and District Attorney Inspector shall receive experience pay at the following rates: 2% at the beginning of the 12 th year 3% at the beginning of the 15 th year 4% at the beginning of the 18 th year 5% at the beginning of the 20th year Such experience pay shall be paid bi-weekly, beginning on the first full pay period after the above periods of service with the County of San Mateo, for the classification of Deputy Sheriff and District Attorney Inspector based on total years of California Peace Officers Standards and Training (POST) qualified peace officer experience service for the County of San Mateo and/or on total years of qualified California correctional officer experience service for the County of San Mateo. Such experience pay shall be paid biweekly, beginning on the first full pay period after the above periods of service, for the classification of Sheriffs Correctional Officer based on total years of qualified California correctional officer experience service for the County of San Mateo. This experience pay shall be calculated as the above stated percentage of the employee's current step base pay. Base pay shall be defined as the base salary listed in the County salary schedules and shall not include employer pick up of the employee's retirement contribution or any differentials or premium pays. 6.3 Except as herein otherwise provided, the entrance salary for a new employee entering County service shall be the minimum salary for the class to which appointed. When circumstances warrant, the Human Resources Director may, upon recommendation of the department head, approve an entrance salary which is more than the minimum salary. The Human Resources Director's decision shall be final. Such a salary may not be more than the maximum salary for the class to which that employee is appointed unless such salary is designated as a Y rate by the Board of Supervisors. 6.4 Permanent and probationary employees serving in regular established positions shall be considered by the 11

12 appointing authority on their salary anniversary dates for advancement to the next higher step in the salary schedule for their respective classes as follows. All increases shall be effective at the beginning of the next full pay period. (1) After completion of 1040 regular hours satisfactory service in Step A of the salary schedule, and upon recommendation of the appointing authority, the employee shall be advanced to the next higher step in the salary schedule for the class. If an employee is appointed at a step higher than the first step of the salary range for that class, the first merit increase shall be after completion of 2080 regular hours of satisfactory service. (2) After completion of 2080 regular hours satisfactory service in each of the salary steps above A, and upon recommendation of the appointing authority, the employee shall be advanced to the next higher step in the salary schedule for the class until the top of the range is reached. (3) If an employee completes the 1040 or 2080 hours in the middle of a pay period, the employee shall be eligible for an increase as follows: if the merit increase period is completed during the first week of a pay period the increase will be made effective the start of the then current pay period. if the merit increase period is completed during the second week of a pay period the increase will be made effective with the start of the next period. (4) Upon the recommendation of the appointing authority and approval by the Human Resources Director, employees may receive special merit increases at intervals other than those specified in this Section. The Human Resources Director's decision shall be final. 6.5 Employees shall be considered for salary step increases according to the date of their appointment or the revised salary adjustment hours balance. Changes in employees' salary because of promotion, upward reclassification, postponement of salary step increase or special merit increase will set a new salary adjustment hours balance for that employee, which balance shall be as stated in the preceding paragraph. Employees who are rejected during the probationary period and revert to their former class shall return to the salary adjustment hours balance held in the former class unless otherwise determined by the Human Resources Director. The salary adjustment hours balance for an employee shall not be affected by a transfer, downward reclassification or a demotion. A permanent employee accepting provisional employment in a higher or different class in the County Classified Service, who reverts to the former class, shall retain the salary adjustment hours balance in the former class on the same basis as if there had been no such provisional appointment. Salary range adjustments for a class will not set a new salary adjustment hours balance for employees serving in that class. Upon recommendation of the appointing authority and approval of the Human Resources Director provisional, temporary, seasonal and extra help employees shall be advanced to the next higher step in the salary schedule upon completion of the periods of service prescribed in this Section, provided that their service has been satisfactory. Also, upon recommendation of the appointing authority and approval by the Human Resources Director, continuous service in a provisional, temporary, or extra help capacity shall be added to service in a regular established position for purposes of determining an employee's salary adjustment hours balance, eligibility for salary increases, and vacation and sick leave accrual. However, such service may not be added if it preceded a period of over twenty-eight consecutive calendar days during 12

13 which the employee was not in a pay status, except when the employee is absent due to an injury or disease for which they are entitled to and currently receiving Worker's Compensation benefits. 6.6 Salary Step When Salary Range Is Revised Whenever the salary range for a class is revised, such incumbent in a position to which the revised schedule applies shall remain at the step in the previous range, unless otherwise specifically provided by the Board of Supervisors. 6.7 Salary Step After Promotion or Demotion When an employee is promoted from a position in one class to a position in a higher class and at the time of promotion is receiving a base salary equal to or greater than the minimum base rate for the higher class, they shall be entitled to the next step in the salary schedule of the higher class which is at least one step above the rate they have been receiving, except that the next step shall not exceed the maximum salary of the higher class. When an employee is demoted, voluntarily or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the class to which demoted, and the specific rate of pay within the range shall be determined by the Human Resources Director, whose decision shall be final; provided, however, that the Board of Supervisors may provide for a rate of pay higher than the maximum step of the schedule for the employee's class, and designate such rate of pay as a Y rate. 6.8 Reclassification of Position An employee in a position reclassified downward shall have the right to either (1) transfer to a vacant position in their present class in the same or another department, provided the head of the department into which the transfer is proposed agrees, or (2) continue in the same position in the lower class at a "Y" rate of pay when their pay is higher than the maximum step of the salary range for the lower class. 6.9 "Y" Rate Process When an employee is reclassified downward, he/she shall continue in their present salary range, with cost of living adjustments, for two years, at which point the employee's salary shall be frozen ("Y" - rated) until the salary assigned to the lower class equals or exceeds such "Y" rate. The "Y" rate provisions of this Section shall not apply to layoffs, demotions, or other personnel actions resulting in an incumbent moving from one position to another Salary Step Defined For purposes of salary administration in this contract a step is defined as 5.74%. Section 7. Days and Hours of Work The standard workweek for employees occupying full-time positions consists of 40 hours unless otherwise specified by the Board of Supervisors. The appointing authority shall fix the hours of work with due regard for the convenience of the public and the laws of the State and County. Employees occupying part-time positions shall work such hours and schedules as the Board and the appointing authority shall prescribe. Except as hereinafter provided, County offices shall be open for business from 8:00 a.m. to 5:00 p.m. every day except Saturdays, Sundays and holidays. With the County Manager's approval, department heads may make such changes to the schedule of office hours as public convenience or necessity may require. 13

14 Section 8. Overtime 8.1 Authorization All compensable overtime must be authorized by the appointing authority or designated representative prior to being worked. If prior authorization is not feasible due to emergency conditions, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked. Overtime worked must be in the job class in which the person is regularly employed or in a class for which the employee is authorized higher pay for work in a higher class. 8.2 Definition Except as otherwise provided by Charter, or as defined herein, any authorized time worked in excess of a 40 hour weekly work schedule shall be considered overtime and shall be compensable at the rate of one and one-half times the overtime worked whether compensated by monetary payment or by the granting of compensatory time off. For employees on a 12-hour shift schedule in classes permitted by the Fair Labor Standards Act, overtime shall be defined as hours worked in excess of 168 hours in a 28 day period. For purposes of determining eligibility for overtime compensation, any absence with pay, except sick leave, shall be considered as time worked. Sick leave will be considered as time worked under the following conditions: The potential overtime hours occur due to the employee being called into work while officially assigned to be in an On-Call status. For example, the employee uses 8 hours of sick leave on Monday and is called into work from an On-Call status on Wednesday night and works 4 hours outside the regular shift. In this case, the employee will code 8 hours of sick leave on Monday and 4 hours of overtime on Wednesday. The potential overtime hours occur due to the employee being ordered or mandated to work the additional hours when not in an On-Call status. For example, the employee uses 8 hours of sick leave on Monday and is called on Wednesday night and ordered to report to work for 4 hours outside the regular shift. In this case, the employee will code 8 hours of sick leave on Monday and 4 hours of overtime on Wednesday. Sick leave will not be considered as time worked under other circumstances. For example: If the employee is not in an On-Call status and is not ordered or mandated to work the additional hours, sick leave used in that overtime calculation period shall not be considered as time worked for the purpose of eligibility for overtime compensation. For example, an employee calls in sick for an 8-hour shift on Monday. The employee is not scheduled to work a regular shift on Wednesday, but has either previously signed up for 8 hours of voluntary overtime for that day, or is called at home and is asked to work an 8 hour shift that day and agrees to do so voluntarily. In this case, the employee would code no sick leave for Monday, but would, instead, code 8 hours of straight time for Wednesday. There would be no overtime and no deduction from sick leave balances. The smallest increment of working time that may be credited as overtime is 6 minutes. Portions of 6 minutes worked at different times shall not be added together for the purpose of crediting overtime. Employees who are regularly scheduled to work a biweekly overtime schedule will not receive overtime 14

15 if they are receiving vacation or sick leave pay for the entire biweekly pay period during the time when the regularly scheduled overtime falls. 8.3 Work Groups The Human Resources Director shall allocate all job classes to the following described work groups for purposes of determining categories of employees to be compensated by monetary payment or comp time off. The Director's decision shall be final; provided that prior to changing the work group of an existing class covered by this MOU the Director shall notify the Association of the contemplated change and if requested, discuss with the Association the reasons for the work group change. Work Group 1: Employees in Work Group I are covered by the Fair Labor Standards Act (FLSA) and may be compensated for overtime worked either by monetary payment or by compensatory time off, up to the cap permissible under Section 8.3 of this MOU, at the option of the employee. All monetary payments for overtime must be paid not later than the next biweekly payroll following the pay period in which the overtime was worked. Should the County through some future Federal ruling be exempted from FLSA, the County shall revert to the base rate for the computation of overtime. 8.4 Compensatory Time Off (CTO) CTO which accrues in excess of eighty (80) hours must be liquidated by monetary payment. Utilization of compensatory time off shall be by mutual agreement between the department head and the employee. The smallest increment of CTO which may be taken off is 6 minutes. Effective January 31, 2016, the maximum compensatory time off accrual shall be increased from the current amount of eighty (80) hours to ninety-six (96) hours. This provision shall be in effect for six (6) months. At the end of the six-month period, the Department will compare overtime usage for this past six-month period with the same six month period in The overtime usage to be compared will be only that used to backfill for members who are absent from work due to the use of accrued comp time off. If the comparison shows a minimum of 15% increase in overtime usage for the specific reason noted above, the comp time accrual limit will revert to eighty (80) hours. If the result is less than a 15% increase, ninety-six hours will become the new cap for CTO accrual. Section 9. Shift Differential 9.1 Shift differential pay, for the purpose of this Section, is defined as pay at a rate which is one step above the employee's base pay in the salary range for their class. If the base pay is at the top step, shift differential pay shall be computed at one step above such base pay. 9.2 Employees shall be paid shift differential for all hours so worked between the hours of 6:00 p.m. and 6:00 a.m. Section 10. Application of Differential For employees who have been: (1) regularly working a shift described in Section 9, and/or (2) assigned to and regularly working a special job assignment enumerated in Exhibit B of this Memorandum, and/or 15

16 (3) eligible for and receiving Career Incentive Allowance for Law Enforcement Officers as provided in Section 14, for 30 or more calendar days immediately preceding a paid holiday, the commencement of a vacation, paid sick leave period, or comp time off, as the case may be, (4) the applicable differential shall be included in such employee's holiday pay, vacation pay, paid sick leave or paid comp time. The vacation, sick leave, holiday and comp time off pay of an employee on a rotating shift shall include the differential such employee would have received had they been working during such period. Shift differential does not apply when employees are assigned modified duty, unless their modified duty assignment requires them to work between 6:00 p.m. and 6:00 a.m. Section 11. On-Call Pay When warranted and in the interest of County operations, the department head may assign employees to "oncall" status. Effective January 31, 2016, employees shall be paid an hourly rate of three dollars ($3.00) for time in which they are required to be in an on-call status. Effective the first pay period of January 2017, employees shall be paid an hourly rate of three dollars and seventy cents ($3.70) for time in which they are required to be in an on-call status. Effective the first pay period of January 2018, employees shall be paid an hourly rate of four dollars and forty cents ($4.40) for time in which they are required to be in an on-call status. Employees receiving callback pay shall not be entitled to on-call pay simultaneously. Employees in an on-call status required to report back to work during off-duty hours shall be compensated for a minimum of two (2) hours. Employees not in an on-call status required to report back to work during off-duty hours shall be compensated for a minimum of three (3) hours. Hours worked contiguous with the employee s regular shift shall not be subject to call back pay. Section 12. Bilingual Pay A salary differential of $42.50 biweekly shall be paid incumbents or positions requiring bilingual proficiency as designated by the appointing authority and Human Resources Director. Said differential shall be prorated for employees working less than full-time or who are in an unpaid leave of absence status for a portion of any given pay period. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County and the decision of the Human Resources Director is final. The Association shall be notified when such designations are made. Section 13. Tuition Reimbursement Employees may be reimbursed for tuition and related fees paid for taking courses of study in an off-duty status if the subject matter content is closely related to present or probable future work assignments, and limited to programs of instruction that correspond to courses offered by independent bona fide institutions of learning. Limits to the amount of reimbursable expense may be set by the Human Resources Director with the County Manager's concurrence. There must be a reasonable expectation that the employee's work performance or value to the County will be enhanced as a result of the course. Courses taken as part of a program of study for a college undergraduate or graduate degree will be evaluated individually for job relatedness under the abovedescribed criteria. The employee must both begin and successfully complete the course while employed by the County. Employees must apply on the prescribed form with all information needed to evaluate the request to their department head who shall recommend approval or disapproval and forward the request to the Human Resources Director whose decision shall be final. To be reimbursed the application must have been approved before enrolling in the course. If a course is approved and later found to be unavailable, a substitute course may be approved after enrollment. Upon completion of the course the employee must submit a request for 16

17 reimbursement accompanied by a copy of the school grade report or a certificate of completion to the Human Resources Department who shall, if the employee satisfactorily completes the course, forward it to the Controller for payment. Reimbursement may include the costs of tuition and related fees. The County will reimburse up to fifty dollars ($50.00) per course for books and other related course materials (excluding laptops and other electronic devices) under conditions specified in the Tuition Reimbursement program. Reimbursement for books will only be made for community college, undergraduate level or graduate level courses. Section 14. Career Incentive Allowance for Law Enforcement Officers Employees in the classes of Deputy Sheriff, and District Attorney's Inspector who have successfully completed a probationary period of one of those classes and hold permanent status, shall be eligible to receive an incentive equating to 2.5% of base pay per biweekly pay period in addition to all other compensation if they possess the intermediate Peace Officers Standards and Training (POST) Certificate, or 7.5% of base pay per biweekly pay period if they possess the Advanced POST Certificate issued by the Commission of Peace Officer Standards and Training of the California State Department of Justice. These incentives will apply to Sheriff's Correctional Officers who possess the POST recognized equivalencies for the intermediate and advanced certificates. The permanent status requirement shall not apply to probationary employees who have laterally transferred to San Mateo County positions from other jurisdictions. Section 15. Layoff and Reemployment 15.1 Notice of Layoff The department head will give at least 14 days advance written notice to employees to be laid off unless a shorter period of time is authorized by the Human Resources Director Precedence by Employment Status No permanent employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional or probationary status are retained in the same class unless that employee has been offered the extra help, seasonal, temporary or provisional appointment. The order of layoff among employees not having permanent status shall be according to the following categories: (1) Extra help or seasonal (2) Temporary (3) Provisional (4) Probationary Layoffs shall be by job class according to reverse order of seniority as determined by total continuous County civil service, except as specified above. The following provisions shall apply in computing total continuous service: (1) Time spent on military leave, leaves to accept temporary employment outside the County government and leave to accept a position in the unclassified service shall count as County service. (2) Periods of time during which an employee is required to be absent from their position due to an injury or disease for which they are entitled to and currently receiving Worker's Compensation benefits shall be included in computing length of service for purposes of determining seniority rights. 17

18 (3) Time worked as an extra help or seasonal shall not count as County service. (4) Time worked in a permanent, probationary, provisional or temporary status shall count as County service. Part-time status shall count at the rate of one year of continuous employment for each 2080 straight-time hours worked. If two or more employees have the same seniority, the examination scores for their present classes shall determine seniority Procedures (1) Employees who are laid off may take a voluntary demotion within the Sheriff s Office or District Attorney s Office to a class in which the employee had prior probationary or permanent status provided such a position is held by an employee with less seniority. (2) Displaced employees may request the Human Resources Director to place their name on the promotional eligible list or open eligible list for any class for which, in the Director's opinion, the employee is qualified. The employee's name will be above the names of persons who have not been displaced, ranked in the order specified in subsection (3) Pursuant to the Civil Service Rules, an employee may with the approval of the Human Resources Director and the gaining department head demote or transfer to a vacant position in the Sheriff s Office or District Attorney s Office for which he/she possesses the necessary skills and fitness. At the sole discretion of the Human Resources Director, an employee may be allowed to transfer and displace a less senior employee in a position in the Sheriff s Office or District Attorney s Office in which he/she had prior probationary or permanent status and which the Director determines is equivalent with respect to duties and responsibilities to the position the employee presently occupies. (5) A transfer is defined as a change from one position to another in the same class, the salary range of which is not more than 10.0% higher. (6) Part-time employees shall not displace full-time employees, unless the part-time employee has held full-time status in the class. (7) In addition to all other options, employees in classes at risk of being eliminated, as determined by the affected department head, may also be placed on the reinstatement list Names of Employees Laid Off to be Placed on Re-employment and General Eligible Lists The names of employees laid off shall be placed on re-employment eligible lists as hereinafter specified. Former employees appointed from a re-employment eligible list shall be restored all rights accrued prior to being laid off, such as sick leave, vacation credits and credit for years of service. However, such reemployed employees shall not be eligible for benefits for which they received compensation at the time of, or subsequent to, the date they were laid off. The departmental reemployment eligible list for each class shall consist of employees and former employees with probationary or permanent status who were laid off or whose positions were reclassified downward. The rank order on such lists shall be determined by relative seniority as specified in section 18

19 15.2. Such lists shall take precedence over all other eligible lists in making certifications to the department in which the employee worked. The general reemployment eligible list for each class shall consist of employees and former employees with probationary or permanent status who were laid off or whose positions were reclassified downward. The rank order on such lists shall be determined by relative seniority. Such lists shall take precedence over all other eligible lists, except departmental reemployment eligible lists, in making certifications on a Countywide basis. The provisions of this subsection 15.4 shall not apply to employees who have accepted severance pay upon termination of employment Abolition of Position The provisions of Section 15 shall apply when an occupied position is abolished resulting in a classified employee losing status in their assigned class in their assigned department. Section 16. Severance Pay If an employee's position is abolished and they are unable to displace another County employee as provided in Section 15, they shall receive reimbursement of 50% of the cash value of their unused sick leave; provided that such employee shall be eligible for reimbursement only if they remain in the service of the County until their services are no longer required by the department head. The County shall make every effort to secure comparable employment for the displaced employee in other agencies, and if such employment is secured, he/she will not be entitled to the aforementioned reimbursement. Section 17. Holidays 17.1 Regular full-time employees shall receive either eight (8) hours of pay or eight (8) hours of holiday leave for all authorized holidays listed in 17.3, provided they are in a pay status on both their regularly scheduled workdays immediately preceding and following the holiday. An employee may carry a maximum of one hundred and twenty (120) hours of holiday leave on the books. Part-time employees shall be entitled to holiday pay in proportion to the percentage of full-time hours worked during the biweekly pay period which includes a holiday; e.g., if a part-time employee works 50% of the full-time hours in a pay period, the employee shall be paid for one-half for each holiday falling within that pay period Employees regularly scheduled to work a 9/80 or 4/10 schedule may use vacation, accrued holiday pay or compensatory time off to account for the additional one or two hours of their shift, or they can request to flex those hours within the same work week, with approval of their supervisor County Holidays (1) January 1 (New Years Day) (2) Third Monday in January (Martin Luther King, Jr.'s Birthday) (3) February 12 (Lincoln's Birthday) (4) Third Monday in February (Washington's Birthday) (5) Last Monday in May (Memorial Day) (6) July 4 (Independence Day) (7) First Monday in September (Labor Day) (8) Second Monday in October (Columbus Day) (9) November 11 (Veterans Day (10) Fourth Thursday in November (Thanksgiving Day) (11) Fourth Friday in November 19